Texting unknown users on whatsapp to be friends whether a crime

466 votes

Yes, you have committed the offence of 'Stalking' against the girl.

Stalking is defined as a criminal offence under Section 354D of the Indian Penal Code (IPC). The section defines stalking as the act of following or contacting someone repeatedly, despite clear indications of disinterest or lack of consent, causing the person to feel alarmed or harassed.
According to the IPC, stalking can include online stalking which is repeatedly contacting a person online through social media, messaging apps, emails or other electronic means, despite their lack of consent.

Similarly, Section 67 of the Information Technology Act, 2000 (IT Act) makes the publication or transmission of sexually explicit content an offence. This can be applied in cases where a stalker sends sexually explicit messages, images, or videos to their victim.

Section 67A of the IT Act makes the publishing or transmitting of sexually explicit content through electronic means an offence. This section can be applied in cases of online sex chat, where the stalker sends sexually explicit messages or images to their victim.

LawRato LawRato

891 votes

Yes. She will register an FIR against you u/s 354(D) for stalking and relevant sections under the IT Act if you don’t stop being a nuisance. However, her responding to your messages with a pretty friendly manner as you put it will in turn weaken her case. So do not delete the chat.

Advocate Sudarshan Desai LawRato

424 votes

Messaging someone on WhatsApp or any other platform is not inherently a crime. However, it's essential to understand the context and the nature of the messages exchanged. Here's an overview of the situation:

1. Consent and Respect: Messaging someone, including a girl, is not a crime as long as the communication is consensual and respectful. It's essential to respect the other person's boundaries and privacy.
2. Harassment and Stalking: Sending unsolicited, offensive, or sexually explicit messages without the recipient's consent can constitute harassment, which is a crime. In such cases, it may fall under legal provisions related to cyberbullying, harassment, or stalking.
3. Sexual Content: Engaging in sexually explicit chats without the consent of the other person can be considered a crime, especially if it involves minors or non-consenting adults. Indian law prohibits the creation, distribution, or possession of explicit content without consent.
4. Unknown Persons: Chatting with unknown individuals is not inherently illegal. However, it's crucial to be cautious and respectful when initiating conversations with strangers. Unsolicited and inappropriate messages can lead to legal consequences.

In summary, messaging someone, including a girl, is not a crime as long as it is respectful, consensual, and within the boundaries of the law. However, sending unsolicited, offensive, or sexually explicit messages, especially without consent, can lead to legal consequences. It's crucial to be aware of and respect the other person's boundaries and privacy in online communication.

Advocate Chikirsha Mohanty LawRato